Snap seeks to dismiss New Mexico lawsuit over child safety

Snap on Thursday filed a motion to dismiss a New Mexico lawsuit that alleged the tech company enabled child sexual exploitation on its messaging app Snapchat

In a filing in the first judicial court of New Mexico, Snap said the allegations were “patently false” [File] | Photo Credit: REUTERS

Snap on Thursday filed a motion to dismiss a New Mexico lawsuit that alleged the tech company enabled child sexual exploitation on its messaging app Snapchat, arguing there were inaccuracies to the state's investigation.

The lawsuit, brought by New Mexico Attorney General Raul Torrez in September, is among a series of efforts by U.S. lawmakers to hold tech companies accountable for harm to minors who use their services.

In January, U.S. senators grilled the CEOs of Snap, Meta Platforms, TikTok, X and Discord, accusing the companies of failing to protect children from abuse and "sextortion," in which predators coerce minors into sending explicit photos or videos.

As part of a months-long investigation, New Mexico set up a decoy account for a 14-year-old girl, which investigators said did not add any friends but quickly received suggestions from Snapchat to add users with explicit account names.

In a filing in the first judicial court of New Mexico, Snap said the allegations were "patently false" and that the decoy account proactively sent many friend requests to certain users, contrary to the state's claims.

New Mexico's lawsuit also accused Snap of failing to warn children and parents of the dangers of sextortion on Snapchat. The Santa Monica, California-based company responded that the claims were barred by the First Amendment because Snap cannot be compelled to speak.

"Not only would Snap be required to make subjective judgments about potential risks of harm and disclose them, but it would have to do so with virtually no guidance about how to avoid liability in the future," Snap said in the filing.

The state's lawsuit is also a clear violation of Section 230, a portion of a 1996 law that protects online platforms from civil liability over content posted by users and third parties, Snap said.

The company said it "prioritizes not only its independent safety work but also its longstanding partnerships with local, state and federal law enforcement, including in New Mexico."

Snap added it has doubled the size of its trust and safety team and tripled its law enforcement operations team since 2020.